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Poster: billbarstad Date: Sep 26, 2011 7:37pm
Forum: feature_films Subject: Re: possible upload

Video-Cellar listed I Wake Up Screaming (1941) as being under copyright, which made me wonder about underlying rights to the movie. Steve Fisher wrote the novel Vicki, apparently on which the movie is based, but it wasn't published until 1953. I don't see how it would keep the movie out of the public domain, but I'm no expert.

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Poster: oldbones Date: Sep 27, 2011 6:43am
Forum: feature_films Subject: Re: possible upload

I have no reason to doubt video_cellar, but let me throw a couple of things into the mix.
There is a movie called 'Vicki', 1953 US. Per IMDb Steve Fisher has first writing credit for the novel. It appears that the movie was based on the novel.

Also in the IMDb listing is a category called connections, which lists 'I Wake Up Screaming'.

Again per IMDb in the writing credits for 'I Wake Up Screaming', Steve Fisher is listed second, (for the novel).

If 'I Wake Up Screaming' is based on the novel "Vicki", and the novel was not published until 1953, does this have any implications toward the pd status of 'I Wake Up Screaming'? i.e the movie being made based on an unpublished and non-copyrighted text.

Billbarstad, I also don't see how this could keep 'I Wake Up Screaming' out of pd, but this is well beyond my knowledge
level.

I would be happy to upload the film in the next day or two, with someone standing by to delete it asap if it doesn't pan
out. Or we could wait it out for awhile and see if anyone else decides to weigh in. What do you think?

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Poster: HektorT Date: Sep 27, 2011 8:08am
Forum: feature_films Subject: Re: possible upload

Underlying story or music rights don't necessarily mean a film is not PD. There are cases where that happens but I think they are the exception rather than the rule. The general practice seems to be more that producers will purchase buy-out rights for the film that allow the story or film to be used with the film forever. The few cases where films were pulled from the PD due to underlying rights generally had extenuating circumstances that overrode what was written in the contract.

In the past VideoCellar has almost universally claimed that underlying rights meant a film could not be PD, but in a few recent discussions he has backed off that position.

In this case the 1953 film is a remake. The Stephen Fisher novel was apparently "purchased" by 20th Century Fox to make the movie (that generally means they bought the movie rights).

http://www.answers.com/topic/steve-fisher

This post was modified by HektorT on 2011-09-27 15:08:28